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(영문) 인천지방법원 2017.04.13 2017고단20
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2016, the Defendant, at around 11:35, committed assault to the victim when considering the victim E (35 years of age) who observed the nurse’s body to see and take a bath to the nurse on the ground that the nurse’s name was not known before the receipt stand of the “D regularly outdoor department” in Gyeyang-gu Incheon, Gyeyang-gu, Incheon. In order to prevent this, the Defendant committed assault to the victim when considering the victim’s face face.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection [the scope of the recommended punishment] General assault [the scope of the recommended punishment] [the person who has been specially mitigated] [the degree of assault] [the person who has been specially mitigated]] the extent of assault is minor [the person who has been subject to general mitigation] [the decision of sentencing] the punishment for two months shall be determined by considering the above sentencing factors, but the execution of the sentence shall be suspended on the condition of protection observation in order to improve sexual behavior and prevent recidivism.

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